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KUISH v. SMITH

No. G040743.

181 Cal.App.4th 1419 (2010)

BRADFORD KUISH, Plaintiff and Appellant, v. WILLIAM W. SMITH, JR., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

February 3, 2010.

Attorney(s) appearing for the Case

Samuels, Green & Steel and Philip W. Green for Plaintiff and Appellant.

Prenovost, Normandin, Bergh & Dawe, Michael G. Dawe and Paula M. Harrelson for Defendants and Respondents.

OPINION

FYBEL, J.—

INTRODUCTION

Plaintiff Bradford Kuish entered into a written agreement to purchase defendants William W. Smith, Jr., and Rhonda Lynn Smith's Laguna Beach residence for $14 million, but later unilaterally cancelled escrow. Defendants promptly sold the property to a third party for $15 million, but refused to return plaintiff's $620,000 deposit, relying on the...

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